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(영문) 서울중앙지방법원 2017.01.20 2016고합1296
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 13, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and completed the execution of the said sentence on January 10, 2016.

Around June 9, 2016, the Defendant discovered the victim D (a person, a woman, and a person aged 49) who was standing together with her husband at the front of the building located in Jongno-gu Seoul Metropolitan Government around 18:00 on June 9, 2016, and forced the victim to commit an indecent act by making his/her son's son's son's son's son's son's son's son's son's son's son's son.

[2016 Gohap 1297 - Mabalthing, assault]

1. Around October 18, 2016, the Defendant insultingd the victim F (e.g., the victim F (e., the age of 54) who passed from the Dongjak-gu Seoul Metropolitan Government E-ro without any justifiable reason while putting his clers under surveillance on October 22 and 15, 2016, saying “A defect wres per omitted wres.”

2. The Defendant, on the ground that he reported the Defendant’s insult crime to the police at the time, place, and at the time, in the preceding paragraph, the victim G (53) of the said F, who was the offender of the said F, reported the Defendant’s insult to the police, assaulted the victim by taking the victim’s face

Summary of Evidence

[2016 Gohap 1296 - Indecent Acts by force]

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A written statement of H (2016 Gohap 1297 - Mabalthing, assault);

1. Statement by the defendant in court;

1. A written statement of F and G;

1. A complaint (previous conviction in judgment);

1. Application of a reply to inquiry, such as each criminal history, investigation report (verification of the date of release of the suspect and report attached to the sentence of the judgment), text of the judgment, personal confinement status, investigation report (verification of repeated crimes) and statutes;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Article 298 of the Criminal Act (the point of assault, the choice of punishment by imprisonment), Article 260 (1) of the Criminal Act (the point of assault, the choice of punishment by imprisonment), Article 311 of the Criminal Act (the point of insult and the choice of punishment by imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each crime is aggregated with a long term);

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program.

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